Colorado is a no fault state, meaning that the courts do not take infidelity or other marital communication problems into consideration. The parties have an obligation to preserve the marital estate and to not dissipate marital assets once the case is filed with the Court.
Thecourts in Colorado allocate assets and divide marital debts on an equitable (rather than equal or 50-50) basis.
Colorado courts use the best interests of the child standard in determining parenting time and decision making for the children. In determining the best interests of the child for purposes of parenting time, the court shall consider all relevant factors, including:
- The wishes of the child's parents as to parenting time;
- The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule
- The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;
- The child's adjustment to his or her home, school, and community;
- The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
- The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
- Whether the past pattern of involvement of the parties with the child reflects a system of values,time commitment, and mutual support;
- The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
- Whether one of the parties has been a perpetrator of domestic violence, which factor shall be supported by a preponderance of the evidence;
- The ability of each party to place the needs of the child ahead of his or her own needs.